BILL NUMBER: AB 1067	CHAPTERED  10/10/99

	CHAPTER   710
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN SENATE   JUNE 10, 1999
	AMENDED IN SENATE   JUNE 7, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Margett

                        FEBRUARY 25, 1999

   An act to amend Sections 44346.1 and 44424 of the Education Code,
relating to teacher credentialing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1067, Margett.  Teacher credentialing.
   (1) Existing law requires the Commission on Teacher Credentialing
to immediately revoke the teaching or services credential of a person
when the person's conviction of a violation, or attempted violation,
of any one or more of certain offenses, including causing,
encouraging, or contributing to the delinquency of persons under 18
years of age becomes final.
   This bill would add certain offenses regarding assaulting a child
under 8 years of age by a custodian of that child and infliction of
cruel or inhuman corporal punishment upon a child, to these offenses.

   (2) Existing law defines "sex offense" for purposes of various
provisions relating to the employment of school employees.  Among the
offenses constituting a sex offense is any offense involving lewd
and lascivious conduct under the provision that prohibits causing,
encouraging, or contributing to the delinquency of persons under 18
years of age.
   This bill would provide that a conviction of causing, encouraging,
or contributing to the delinquency of persons under 18 years of age
when it involves lewd and lascivious conduct or any offense committed
or attempted in any other state or against the laws of the United
States which, if committed or attempted in this state, would have
been punished as one or more of certain offenses, is a conviction
that, upon becoming final, requires the Commission on Teacher
Credentialing to immediately revoke the credential of the person so
convicted.
   (3) Existing law requires the commission to deny any application
for the issuance of a credential made by an applicant who has been
convicted of a violent or serious felony, as defined.
   This bill would also require the commission to deny any
application for the issuance of a credential made by an applicant
that has been convicted of one of the offenses that would require
revocation of a credential.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44346.1 of the Education Code is amended to
read:
   44346.1.  (a) The commission shall deny any application for the
issuance of a credential made by an applicant who has been convicted
of a violent or serious felony or a crime set forth in subdivision
(a) of Section 44424 or whose employment has been denied or
terminated pursuant to Section 44830.1.
   (b) This section applies to any violent or serious offense which,
if committed in this state, would have been punishable as a violent
or serious felony.
   (c) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a
serious felony is any felony listed in subdivision (c) of Section
1192.7 of the Penal Code.
   (d) Notwithstanding subdivision (a), a person shall not be denied
a credential solely on the basis that the applicant or holder has
been convicted of a  violent or serious felony if the person has
obtained a certificate of rehabilitation and pardon pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code.
  SEC. 2.  Section 44424 of the Education Code is amended to read:
   44424.  (a) Upon the conviction of the holder of any credential
issued by the State Board of Education or the Commission on Teacher
Credentialing of a violation, or attempted violation, of a violent or
serious felony as described in Section 44346.1, or any one or more
of Penal Code Sections 187 to 191, 192 insofar as said section
relates to voluntary manslaughter, 193, 194 to 217.1, both inclusive,
220, 222, 244, 245, 261 to 267, both inclusive, 273a, 273ab, 273d,
273f, 273g, 278, 285 to 288a, both inclusive, 424, 425, 484 to 488,
both inclusive, insofar as said sections relate to felony
convictions, 503 and 504, or of any offense involving lewd and
lascivious conduct under Section 272 of the Penal Code, or any
offense committed or attempted in any other state or against the laws
of the United States which, if committed or attempted in this state,
would have been punished as one or more of the offenses specified in
this section, becoming final, the commission shall forthwith revoke
the credential.
   (b) Upon a plea of nolo contendre as a misdemeanor to one or more
of the crimes set forth in subdivision (a), all credentials held by
the respondent shall be suspended until a final disposition regarding
those credentials is made by the commission.  Any action  that the
commission is permitted to take following a conviction may be taken
after the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence and the time for appeal
has elapsed or the judgment of conviction has been affirmed on
appeal, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code.
   (c) The commission shall revoke a credential issued to a person
whose employment has been denied or terminated pursuant to Section
44830.1.
   (d) Notwithstanding subdivision (a), a credential shall not be
revoked solely on the basis that the applicant or holder has been
convicted of a violent or serious felony if the person has obtained a
certificate of rehabilitation and pardon pursuant to Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code.
